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A Texas woman has filed a lawsuit in a Texas court claiming that CVS Pharmacy gave her the wrong drug when they filled her prescription and that the error caused her child to be born prematurely.

The prescription error happened in 2005 when she went to get a prescription filled for an antibiotic but was given the cholesterol-lowering drug Vytorin instead. Vytorin should never be taken by pregnant women.

The suit alleges CVS was negligent by “failing to engage in recognized and acceptable practices in the medical profession to limit the likelihood and probability of infection following the treatment provided by the defendant.” The pharmacy is also accused of failing to properly fill the correct medication. The plaintiff is seeking $50,000 in damages for herself and her child.

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